Unsure what my best option is, my head is a complete mess.

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Foggy
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by Foggy » Thu Dec 07, 2017 7:55 am
bellshollsmarls wrote:
I’m seeing CAB soon, and I’ll try to confirm this then, but can I kick her out of my house? What could the possible repercussions of that be?

She is seeing someone else, she does stay over at his 95% of the time.


You really need to take legal advice -- hopefully CAB can refer you to a solicitor who gives a free half hour consultation.
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Lisa Thomas
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by Lisa Thomas » Thu Dec 07, 2017 12:59 pm
This is why I asked what the divorce order granted her, if anything.
bellshollsmarls
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by bellshollsmarls » Thu Dec 07, 2017 3:22 pm
if i file for bankruptcy, can she still come after me for money she thinks she is entitled to? i've been with her since 2006, i've paid loads of her debt from a previous marriage. I've spent so much money on her debt and looking after her.

owning only 49% of the house, how do the trustees sell that half? how big is the possibility that i can keep staying there?
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by Foggy » Thu Dec 07, 2017 4:04 pm
bellshollsmarls wrote:
if i file for bankruptcy, can she still come after me for money she thinks she is entitled to? i've been with her since 2006, i've paid loads of her debt from a previous marriage. I've spent so much money on her debt and looking after her.

owning only 49% of the house, how do the trustees sell that half? how big is the possibility that i can keep staying there?



If you file for BR she can still claim what she might think her rightful share --- the BR will only deal with your share. Unless these things are settled she can come after you at any time in the future for a settlement ( whether she would actually succeed would be a matter for the courts to decide).

In BR, the Trustees will basically "step into your shoes" and sell the property in the same way as you would yourself --- they would sell the whole interest, pay the housing association their 51% and, depending on what the ex does, give her the share she claims -- for which she would have to provide evidence of her entitlement. The OR wouldn't seek to realise the asset for nearly 3 years, during which time you would be expected to sort these things out, possibly with input from the OR along the way. I doubt you would simply be allowed to come to any informal agreement -- nor would it be wise to do so.
bellshollsmarls
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by bellshollsmarls » Thu Dec 07, 2017 4:35 pm
thank you

does she need to prove that it was only me that accumulated the debt, or do i need to prove that it was both me and her? she told me she didn't have any contribution to the debt. we went through a lot of IVF, i paid her debt - she definitely contributed to the debt. disproving her statement might be a bit hard as we only had a joint account for a long long time. i only moved to my own bank account when we separated and i went into the IVA. i have no access to statements to disprove her claim. nor can i easily prove that she didn't contribute to the house payments.

probs a silly question, but whilst the trustee takes time to realise the asset (you mention 3 years) - i take it i still pay my mortgage/rent and possibly into the bankruptcy?

who would be the best people to contact about bankruptcy? the people who deal with my IVA aren't very informed about BR.
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Foggy
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by Foggy » Thu Dec 07, 2017 4:45 pm
bellshollsmarls wrote:
thank you

does she need to prove that it was only me that accumulated the debt, or do i need to prove that it was both me and her? she told me she didn't have any contribution to the debt. we went through a lot of IVF, i paid her debt - she definitely contributed to the debt. disproving her statement might be a bit hard as we only had a joint account for a long long time. i only moved to my own bank account when we separated and i went into the IVA. i have no access to statements to disprove her claim. nor can i easily prove that she didn't contribute to the house payments.

probs a silly question, but whilst the trustee takes time to realise the asset (you mention 3 years) - i take it i still pay my mortgage/rent and possibly into the bankruptcy?

who would be the best people to contact about bankruptcy? the people who deal with my IVA aren't very informed about BR.


CAB can tell you about BR -- also have a look at the .GOV Insolvency Service site. I would avoid agents who will charge you for something you can easily do yourself -- i.e make the application to court. Stepchange advise on BR as well : https://www.stepchange.org/Howwecanhelp ... uptcy.aspx
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